Effective Date:  October 14, 2022
Last Updated: October 14, 2022

These terms of service govern your use of the website https://55pluscbd.com (the “site” or “site”), which is provided by fifty5plus LLC (referred to as “fifty5plus”, “us”, “we”, or “our” below), and apply to all users visiting the site by access or using the site in any way. By accessing this site, browsing the site, and/or purchasing products from the site, you are indicating your acknowledgment and acceptance of these terms of service. You represent that i) you have read, understand, and agree to be bound by the terms of service, ii) you are of legal age to form a binding contract with us, and iii) you have the authority to enter into the terms of service personally or on behalf of 55plus you have named as the user, and to bind that 55plus to the terms of service.  The term “you” refers to the individual or legal entity, as applicable, identified as the user when you’re registered on the site. If you do not agree to be bound by these terms of service, you may not access or use this site or the services.

Any dispute or claim relating in any way to your use of the site will be governed and interpreted by and under the laws of the state of Colorado, consistent with the federal arbitration act, without giving effect to any principles that provide for the application of the law of any other jurisdiction.

These terms are subject to change by 55plus at any time.  When changes are made, 55plus will make a new copy of the Terms of Service available.  We will also update the “Last Updated” date at the top of the Terms of Service.  Any changes to the Terms will be effective immediately for new users of the site and will be effective thirty (30) days after posting notice of such changes on the site for existing users.  We may require you to provide consent to the updated Terms in a specified manner before further use of the site and/or the Services is permitted. If you do not agree to any changes after receiving a notice of such changes, you shall stop using the site and/or the Services. Generally, your continued use of the site and/or Services constitutes your acceptance of such changes. Please regularly check the site to view current terms.

Product Returns: Our 30-day money-back satisfaction guarantee drives us to produce the best quality, premium CBD. If you are not completely satisfied with our products for any reason, simply let us know by email at info@55pluscbd.com or through our Contact Us page and we will give you a full refund.

Privacy Policy.  Please see our privacy policy below for additional terms that govern your use of this web site.

Use of the Services and fifty5plus Properties.  The Site, the Services, the Content (defined in the License to Use the Site section), and the information and content available on the site and in the Services (as these terms are defined herein) (collectively, the “55plus Properties”) are protected by trademark and copyright laws throughout the world.  Subject to the Terms of Service, 55plus grants you a limited license to reproduce portions of 55plus Properties for the sole purpose of using the Services for your personal or internal business purposes.

Fees and Payment Terms.  You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable.  You must provide fifty5plus with a valid credit card (Visa, MasterCard, Discover or any other issuer accepted by us). By providing 55plus with your credit card number and associated payment information, you agree that 55plus, and its third-party service provides for payment services, Herring Bank as the third party service providers for payment services are authorized to immediately invoice your Account for all fees and charges due and payable to 55plus hereunder and that no additional notice or consent is required.  You agree to immediately notify 55plus of any change in your billing address or the credit card used for payment hereunder. 55plus reserves the right at any time to change its prices and billing methods, either immediately upon posting on 55plus Properties or by e-mail delivery to you.

Taxes.  55plus’s fees are net of any applicable Sales Tax.  If any Services, or payments for any Services, under the Terms of Service are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to 55plus, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify 55plus for any liability or expense we may incur in connection with such Sales Taxes.  Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes.  For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that 55plus is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

Third Party Provider.  55plus uses Herring Bank as the third-party service provider for payment services. By buying on Properties, you agree to be bound by Herring Bank's Privacy Policy, and hereby consent and authorize 55plus and Herring Bank to share any information and payment instructions you provide with Third Party Service Provider(s) to the minimum extent required to complete your transactions.

Payment.  Charges to your credit card will appear as “FIFTY5PLUS”
We gladly accept Visa and Mastercard.

License to Use the Site.  Subject to your compliance with these Terms of Service, we or our content providers (as applicable) grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the materials and content (collectively, the “Content”) on this Site. This license does not allow you to resell or make any commercial use of the Site, its Contents or our products sold through the Site; make any derivative use of any of our Content; download, copy, or other use any account information for the benefit of any third party; or use any data mining, robots, or similar data gathering and/or extraction tools. All rights not expressly granted to you in these Terms of Service are reserved and retained by us or our licensors, suppliers, publishers, rights-holders, or other content providers. No Content on, or product sold through, this Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior express written consent. You may use our Site only as permitted by law and these Terms of Service. The licenses we have granted you terminate if you do not comply with these Terms of Service.

Proprietary Information.  The Content accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by us is our proprietary information or the proprietary information of the party that provided the content to us, and we or the party that provided the content to us retains all right, title, and interest in the content. Accordingly, the content may not be copied, distributed, republished, uploaded, posted, displayed or transmitted in any way without our prior written consent, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the content. Modification or use of the Content except as expressly provided in these Terms of Service violates our intellectual property rights. You do not obtain title or any rights, including but not limited to intellectual property rights, to any of the content as a result of accessing this site.

Restrictions on Use.  You may use this site only for the purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without our express prior written consent.

No material from this site may be modified, translated, decompiled, disassembled, broadcast, licensed, sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

Health Information.  Statements on this site and any materials or products we sell have not been evaluated by the Food and Drug Administration. Neither the products nor the ingredients in any of the products available on the site have been approved or endorsed by the FDA or any regulatory agency. The products on the site are not intended to diagnose, treat, cure or prevent any disease. The information on this site or other materials we may provide to you are designed for educational purposes only and are not intended to be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any of our products.

We shall be not held liable for any improper or incorrect use of the information, Services, or products purchased on this site and assume no responsibility for anyone’s use of the information, Services, or products purchased on this site.  We shall not be held liable for any direct or indirect damages caused through the use of information or services on this site. This includes but is not limited to procurement or substitute goods or services; loss of use, data, or profits; or business interruption. This disclaimer of liability applies to any damages or injury which may be perceived by you, the site user, to be caused by the information or services on this site, or by using this site.

Limitation of Liability.  You understand and agree that in no event shall 55plus parties be liable for any loss of profits, revenue or data, indirect, incidental, special, or consequential damages arising out of or in connection with 55plus properties, or damages or costs due to loss of production or use, business interruption, procurement of substitute goods or services, whether or not 55plus has been advised of the possibility of such damages, arising out of or in connection with the terms, or from any communications, interactions or meetings with other users of 55plus properties, on any theory of liability, resulting from: (a) the use or inability to use 55plus properties; (b) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received for transactions entered into through 55plus properties; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on 55plus properties; or (e) any other matter related to 55plus properties, whether based on warranty, copyright, contract, tort (including negligence), or any other legal theory.  The foregoing cap on liability shall not apply to liability of a 55plus party for (a) death or personal injury caused by a 55plus party’s negligence; or for (b) any injury caused by a 55plus party’s fraud or fraudulent misrepresentation.

Ownership; Trademarks and Copyrights.  55plus and its suppliers own all rights, title and interest in 55plus Properties.  You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accessing the Site, or 55plus Properties.

Trademarks, service marks, logos, graphics, images, HTML, codes, multimedia clips, Java codes, button icons, banners and software appearing in this site are our property or the property of the party that provided the trademarks, service marks, logos or copyrighted material to us. We, and any party that provided any of the foregoing to us, retain all rights with respect to any of our or their respective trademarks, service marks, logos and copyrighted material appearing in this site. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.

Indemnity.  You will indemnify and hold us and our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (collectively, the “Indemnified Parties”) harmless from loss, damages, judgments, awards, costs, expenses, attorney’s fees and expert witness fees (collectively, “Losses”) relating to or arising out of: (i) any breach of these Terms of Service by you, including any use of Content other than as expressly authorized in these Terms of Service; (ii) your Submissions to, use of or inability to use, 55plus Properties; (iii) your use of the products purchased on the site; or (iv) violation of any applicable laws, rules or regulations. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, attorney’s fees and expert witness fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site or the purchase of any products.  You agree that the provisions in this section will survive any termination of your Account, the Terms of Service or your access to 55plus Properties.

Electronic Communications.  The communications between you and 55plus use electronic means, whether you visit 55plus Properties or send 55plus e-mails, or whether 55plus posts notices on 55plus Properties or communicates with you via e-mail.  For contractual purposes, you consent to receive communications from 55plus in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that 55plus provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.

Release.  You hereby release 55plus Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) your use of 55plus Properties, and (ii) any action taken by us during or as a result of our investigations and/or from any actions taken as a consequence of investigations by us or others, including law enforcement authorities. The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a 55plus Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site or any Services provided hereunder.

Contacting 55plus

If you have questions or concerns about these Terms of Service:

FIFTY5PLUS LLC

1750 Wewatta Street, Denver, CO 80202

MONEY-BACK GUARANTEE:

Our 30-day money-back satisfaction guarantee drives us to produce the best quality, premium CBD. If you are not completely satisfied with our products for any reason, simply let us know by email at info@55pluscbd.com or through our Contact Us page and we will give you a full refund.

PRIVACY POLICY

This Privacy Policy is a part of our Terms of Service. By using this site or our online store, you agree to be bound by and comply with this Privacy Policy and our Terms of Service.

SECTION 1 – WHAT INFORMATION DO WE GATHER AND WHAT DO WE DO WITH IT?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address and order history.  We also use cookies, web beacons or other tools that collect information that make it easier to use our store and our site.

When you visit our site, some information is automatically collected. This may include information such as the Operating System (OS) running on your device, Internet Protocol (IP) address (which may be used to obtain your geolocation), access times, browser type, and language, and the website you visited before our site. We also collect information about how you use our site, including the elements you have interacted with, metadata and other details about these elements, change states and other user actions.

Email marketing: By providing us with your email address, you are giving us permission to send you emails about our store, new products and other updates. You have the opportunity to unsubscribe from these emails at any time by clicking the “Unsubscribe” button included at the bottom of each email.

How we use your information. In general, we use the information we collect primarily to provide, maintain, protect and improve our current site and products and to develop new products. We use personal information collected through our site as described below and described elsewhere in this Policy to:

Facilitate the creation of and securing of your Account on our network;Identify you as a user in our system;Improve our products, site, and how we operate our business;Understand and enhance your experience using our site and products;Provide and deliver the products and services you request;Respond to your comments or questions and for our Support team to provide service;Send you related information, including confirmations, invoices, technical notices, updates, security alerts and support and administrative messages;Communicate with you about promotions, upcoming events and news about products and services offered by fifty5plus and our selected partners, and for other marketing purposes of fiftyplus;Link or combine your information with other information we get from third parties to help understand your needs and provide you with better service; andProtect, investigate and deter against fraudulent, unauthorized or illegal activity.

SECTION 2 – CONSENT

How do you get my consent?

By providing us with personal information to complete a transaction,  placing an order, arranging for a delivery or returning a purchase you are consenting to our collecting and using your information (your credit card information is discussed in Section 4 below).

How do I withdraw my consent?

You may withdraw your consent for us to contact you by clicking the “Unsubscribe” button included at the bottom of each email or contacting us at info@55pluscbd.com or mailing us at:

fifty5plus LLC

1750 Wewatta Street, Denver, CO 80202

SECTION 3 – DISCLOSURE

We do not share your personal information with third parties without your consent other than with the following:

Third Party Service Providers. With third parties who work on our behalf, provided that such third parties provide at least the same level of privacy protection as required by this Privacy Policy;Lawful Requests. To comply with laws or to respond to lawful requests and legal process (provided that we will endeavor to notify you at the address you have given us if we have received a lawful request for your information);Protection of Rights and Property. To protect the rights and property of fifty5plus, our agents, customers and others including to enforce our agreements, policies and terms included in this Privacy Policy or our Terms of Service;Emergency. In an emergency, including to protect the personal safety of any person; andCorporate Restructuring. For the purposes of a business deal (or negotiation of a business deal) involving a sale or transfer of all or a part of our business or assets (business deals may include, for example, any merger, financing, acquisition, divestiture or dissolution transaction or proceeding). In the event of an insolvency, bankruptcy, or receivership, personal information may also be transferred as a business asset. If another company acquires our company, business or assets, that company will also acquire and possess the personal information collected by us and will assume the rights and obligations regarding your personal information as described in this Policy.

SECTION 4– PAYMENT PROCESSING

Our store is built on an e-commerce software platform called Shopify that allows us to sell our products and services to you.

Payment: If you provide us with your credit card information during the payment process, we send it to our PCI-DSS compliant payment gateway for processing using SSL encryption technology. Your credit card information is never stored for use beyond your current transaction.

All direct payment gateways comply with the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and our payment processors and service providers.

SECTION 5– THIRD-PARTY SERVICES

Our Policy does not cover any third-party services. To learn about those third parties’ privacy practices, please read their privacy policies.

Links: When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy policies.

SECTION 6– SECURITY

To protect your personal information, we take reasonable precautions and follow generally accepted industry practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. Your personal information is protected by your password – never share this password with anyone. 55plus will never contact you to ask you for your password.

If you provide us with your credit card information, the information is transmitted to our server using secure socket layer technology (SSL) which employs the AES-256 encryption standard.

SECTION 9 – AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you consent to any of your minor dependents using this site.

SECTION 9 – U.S. LAW APPLIES

This site is intended for users located in the United States. By sending us your Personal Information from outside the U.S., you consent to the application of U.S. law and to the use and disclosure of your personal information consistent with this Privacy Policy. It is up to you to determine whether accessing this site and purchasing our products are legal where you are. You access this site and purchase our products at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations and treaties.

SECTION 9– CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Any changes and clarifications will take effect immediately upon their posting on the website.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you (other than that information automatically generated by your use of our site), register a complaint, or simply want more information contact our customer service team at info@55pluscbd.com or by mail at:

FIFTY5PLUS LLC

1750 Wewatta Street, Denver, CO 80202